The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-09-22
THE VERDICT or ACQUITTAL.
Defects IN the Criminal Procedure OF
the State.

Review Of the Law Of BaiI--Discretion
of the Judge in Cases Of Doubtful
Guilt-Value Of the Coroner's
Inquest as the Basis of
Right Concluson.
JudqeJ. II. Hudson in Necs and Courier.
The coroner's jury having reached
verdict charging particular per-
son with having committed the hon.
icide, it remains for that officer to
issue his warrant and place the same
in the hands of the officer of the law
for execution. 1t is needless to say
that the warrant should be at once
issued and promptly executed.
The accused having been arrested
and imprisoned will, if able. at once
employ counsel, who will proceed
diligently to inquire into the facts Of
the case, and, as q first measure of
relief to his client. will prepare the
necessary papers, and under writ
of habeas corpus will sue for
BAIL.
As our Judges have been recently
Father severely critised by the press
Of the State for so readily granting
bail to prisoners charged with MUIR
der, in justice to them and for the
information Of the press and the peo-
pie, I propose to review the law bear
ing upon this branch of NY subject,
An extended review cannot be given
in the space of newspaper article,
and ! must, therefore, be brief.
The Statute of 3lst Charles the
Second, known as the Habeas Cor
pqs Act, became the law of tine British
Colonies. vas specially adopted as
they became independent States, and
is now, with perhaps slight alteration,
the law of all the States OF this
Union. Under this statute every
one committed under q criminal
charge is entitled to this writ, unless
ne or she stand committed "for fel-
ony (the punishment of which is
DEATH or treason, plainly expressed
iu the warrant of commitment, or un-
less charged rs accessory before the
fact to treason Of felony phe punish
mept os WHICH is DEATH or with sus-
picion thereof, OF unless charged
with suspicion or treason or felony,
(Which felony is punishable with
death, which shall be plainly ex-
pressed in the warrant of commit
nent-''
it will be perceived that under this
Act as nov of force in this State,
and as it has been from the beginning
OF our existence as Commonwealth,
one committed for murder plainly
and distinctly expressed in the war
rant cannot demand even the
writ of habeas corpqs as matter OF
right, much less can be demand
bail.
By virtue, however. Of their gen.
eral jurisdiction and common law
powers, the judges OF old England,
and this country as well, could grant
the writ as a matter of grace in cases
$ of treason .or-espital felony, and af
ter hearing all the facts of the case,
could grant or refuse bail according
to the circumstances ef the case
made by the accused:
In the past history of this State,
and | presume of every State of the
Union, to persons charged with cap
ital felonies, Judges have never de-
MED the writ Of habeas corpus, and
have rarely refused bail, but have
granted it in such amount as the na-
ture of the case required. It must
be borne in mind that the object of
committing to prison one accused OF
crime 3 TO hsye present in Court to
answer to the charge and to abide
the Judgment of the Court. 1t is not
to punish him. That only follows
conviction. Until then he is pre-
sumed to be innocent, and neither
the law nor humanity calls for pun
ishment in advance Of conviction
Yet, if to persons charged with cap
i,al felony bail is to be denied in ad
vance of bill found, and the accused
is not to be released from his dun
geon until acquitted by the verdict Of
: petit jury, many INNOCENT persons
you'd be wroDgfnlly and cruelty
punished: Hence in such cases tho
power and discretion of granting the
writ of habeas corpus and of award
ing or refusing bail is lodged in tie
Judges. That this power and dis
cretion is at times abused or improp
erly exercised is true. Human judg
ment is not infsllible; and We rust